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HomeMy WebLinkAboutInspection & Enforcement Program Description.docx City of Diamond Bar SB 1383 Inspection & Enforcement Program Description General Provisions Section 8.16.840 of the City Code established that a violation of any provision Chapter 8.16 (Solid Waste and Recyclable Material Collection – updated to incorporate SB 1383 regulations) constitutes grounds for issuance of a Notice of Violation and the assessment of a fine if the entity receiving said notice does not come into compliance. The City has delegated some areas of inspection and monitoring specific to SB 1383 through franchise agreements (exclusive residential and exclusive commercial). Therein, all franchised solid waste hauler responsibilities are established, and any failure to perform the required inspection and monitoring established in the franchise agreement will result in a notice to comply and further administrative actions until compliance is satisfactorily demonstrated. The City may issue administrative penalties or take procedures outlined in the agreement, up to and including declaring that the franchise hauler is in breach of a material requirement of the franchise agreement to enforce all SB 1383 compliance responsibilities established therein. The City has established and may further establish various permits and or agreements with other organic waste collectors. These permits and agreements will require compliance will all SB 1383 regulations reasonably associated with their collection activity. All collectors, generators, and facilities will be required to comply with SB 1383 regulations as established in Chapter 8.16, as well as other provision in the City Code. Violations by collectors, generators, and facilities will result in Enforcement Action as described herein. Responsibly Entity The City of Diamond Bar will be the responsible entity for enforcement and designate entities to conduct inspections and enforcement activities as established in the City Code and all collector/hauler agreements and/or any additional enforceable mechanism the City puts in place. The City and/or their designated entity will monitor compliance with SB 1383 regulations through scheduled inspections, compliance reviews, route reviews, investigation of complaints, required collector reports, and other means that make the City aware of violations. List of Violations The following is a reference table providing a List of Violations. This list highlights common areas of non-compliance developed by the State of California. It is not a complete list, and its presentation herein does not limit the City’s ability to issue an Administrative Citation for violations of the City Code or State Regulations not listed. List of Violations Requirement  Description of Violation  Commercial Business and Commercial Business Owner Responsibility Requirement Commercial Business fails to provide or arrange for Organic Waste collection services consistent with Jurisdiction requirements and as outlined in this ordinance, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color.  Organic Waste Generator Requirement Organic Waste Generator fails to comply with requirements adopted pursuant to this ordinance for the collection and Recovery of Organic Waste.  Hauler Requirement A hauler providing residential, Commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this ordinance.  Hauler Requirement A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the Jurisdiction to haul Organic Waste as prescribed by this ordinance.  Hauler Requirement A hauler fails to keep a record of the applicable documentation of its approval by the Jurisdiction, as prescribed by this ordinance.   Self-Hauler Requirement A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b).  Commercial Edible Food Generator Requirement Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2022.  Commercial Edible Food Generator Requirement Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2024.  Commercial Edible Food Generator Requirement Tier One or Tier Two Commercial Edible Food Generator intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.  Organic Waste Generator, Commercial Business Owner, Commercial Edible Food Generator, Food Recovery Organization or Food Recovery Service Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.  Recordkeeping Requirements for Commercial Edible Food Generator Tier One or Tier Two Commercial Edible Food Generator fails to keep records of donations.  Recordkeeping Requirements for Food Recovery Services and Food Recovery Organizations A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records of donations.   Scheduled Inspections The City will establish and conduct, or have a designee conduct, inspections at required intervals, of the following entities: Tier 1 and Tier 2 Edible Food Generators Edible Food Recovery Organizations and/or Collection Service Providers Generators Requesting and/or Receiving Waivers from SB 1383 Obligations. The City will maintain records of all inspections and house them with Implementation Records. Inspections that identify violations will trigger Enforcement Action. Compliance Reviews The City will annually perform a compliance review of its franchise haulers and any other collector to whom it issues a contract or permit. The City will perform compliance reviews of Organic Waste Generators in cooperation with its franchise haulers and regulated self-haulers. Through agreements, contracts, and permits the City will establish required route reviews as the method to identify generator non-compliance. To ensure accurate and reasonable standards are used, the City will require the franchise haulers (and self-haulers, as applicable) to establish and receive City approval of Container Contamination Minimization Requirements. Reviews resulting in a determination of non-compliance will trigger Enforcement Action. Enforcement Actions Enforcement Actions (8.16.840) and prescribed penalties (8.16.830), following requirements established in 14 CCR Section 18997.2, we adopted in Ordinance 04-2021. In addition, the franchise agreement establishes certain hauler activity that is designed to promote compliance (contamination notices and contamination fees) prior to elevation to City Enforcement Action. Once inspections, compliance reviews, or compliant investigations establish a violation that requires City Enforcement Action, the following procedures will be used: Initial Notice and Educational Material – An initial non-compliance notice, citing the violation(s) of the City Code and State Code, along with the action(s) required to come into compliance, will be provided electronically, via mail, or hand delivered by the City or its designee. This notice will be provided to the property owner at issue and the occupant of the property (if different than the owner). The non-compliance notice will be accompanied by relevant educational material and provide contact information (phone or email) of the City designee who is available to provide further detail on the violation and how to come into compliance. This notice will establish a 60-day deadline to achieve compliance. Pending Administration Citation – If the violator receiving a non-compliance notice does not cure the violation, to the City’s satisfaction, within the initial 60-day period provided, a second notice citing a Pending Administrative Citation will be issued. This Pending Administration Citation will establish a final 60-day deadline to come into compliance, stipulate the penalty amount to be assessed, and address any additional remedies authorized by the City Code and/or State regulations. Administrative Citation – If the violator receiving the two (2) previous notices has failed to come into compliance, an administrative citation will be issued using the following guidelines: First violation: the citation amount shall be $100 per violation. Second violation: the citation amount shall be $200 per violation. For a third of subsequent violations, the citation amount shall be $500 per violation. The Administrative Citation will provide a reasonable timeline before the citation amount is due and advise the violator of their right to appeal at an administrative hearing. A hearing will be held only if it is requested within the time prescribed and consistent with procedures established in City Code for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order.